Pick the best answer

Rear end collision in Texas with in injuries...what kind of settlement can I expect?

Celina, TX | March 5, 2013 4:21pm

On 11 / 29 / 12 , I was hit from the rear . . . obvious that the driver was NOT paying attention . I saw her coming in my rear view mirror at a VERY high speed . My car was totaled . Immediately after the accident , I refused medical treatment but went to the hospital that evening at my husband's request . Soft tissue injuries only noted . It appeared as though my toenail was hanging off , so the PA at the hospital just said to bandage it up . I had a few visits with a physical therapist for back and neck soft tissue injury . Approximately a month later , my toes and foot seemed to get worse . I went to the doctor and he found 2 toes fractures ( healing ) and also a metatarsal fracture ( still fractured due to walking on it . ) I never did retain an attorney - didn't think I needed to . What can I expect

I absolutely think you will benefit greatly from using a personal injury attorney to handle your personal injury claim. An attorney will experienced enough to fight that the toe fractures should be covered, despite the delay of one month after the accident before seeking treatment for them. These broken bones are going to be the majority of your claims for medical bills and pain and sufffering. You should call for a free consultation at your earliest convenience.

Asker

Posted March 5, 2013 10:46pm

I understand, by reading all these answers, that I should have maybe contacted an attorney initially. However, being a nurse and seeing patients who are far worse off than myself, I probably neglected me.
This is sticky because I share the same insurance company as the lady who hit me. My car and medical bills have all been paid. I've also given recorded statements and signed a release for medical records. So, if the offer for settlement is too low, what is my recourse?

It matters not that the other driver happens to have the same insurance company as you. This happens all the time, the insurance company will not treat you any better and only plans to pay the least amount possible. Please call my office tomorrow for a free consultation: 214-762-1197.

Depends on many factors including how much coverage there is, the extent of injures, how much damage to vehicle etc, etc, You need to hire an experienced personal injury lawyer as soon as possible and let them got you fairly compensated.

In response to your question, you can expect the insurance company of the person who rear-ended you to give you the run-around and try and give you an extremely low-ball offer that may not even cover your medical bills. Based on your description of what happened in the wreck and the injuries you suffered, it is in your best interest to talk with an attorney who is experienced in personal injury cases. The insurance company will not give you a fair offer if you try to settle the case on your own.

Without an attorney you can expect to either have the claim denied or a low ball offer. You can hire an attorney on a percent fee, and the attorney will do the negotiating. The delay in treatment will be an excuse the insurance company will use to deny the claim, but a lawyer will know how to respond.

This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.

You can expect to obtain a substantially greater compensation by retaining an attorney, than anything you can expect or hope to recover by trying to settle the claim by yourself. Consult with an attorney in your area, which will be free of charge.

All of these lawyers are correct. The insurance company is going to request that you sign a release allowing them to obtain all of your medical records, including years and years before the accident. (Searching for reason to deny injuries are related). Once they obtain the records, they are going to inform you that because you did not seek medical treatment immediately after the accident, your E.R. visit was not medically necessary. Finally, they will say although it wasn't medically necessary they feel bad and will offer to pay 1/3 or 1/2 your medical bills. All they need for you to sign is a release waiving all liabilities and injuries. If you have an attorney, you can expect to get a real offer for your injuries. We handle these types of cases all of the time. If you have any questions please give me a call and I will try to point you in the right direction. Good luck.

Know YOUR Rights. Take Action Now. CALL 855-648-4695.
Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.

Asker

Posted March 6, 2013 12:54am

Brian, thank you. However, I have already signed a release for records and this lady has the same insurance company as myself...my car was already paid for and my medical bills, too. I just don't want a ridiculous settlement offer. Is it too late to hire an attorney since I've released the records AND given a recorded statement?

Yes. Hire a local experienced personal injury attorney. Your lawyer will assist you in proving the causal relationship between the accident and the discovery of the fractures 1 month later. He or she will also help you evaluate your claim. Good luck.

Very little without representation by an attorney familiar with these types of injury claims.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

I am sorry you had to experience the result s of the wreck caused by the careless actions of another driver. The at fault party's insurance company will only compound your frustration. It is only concerned about paying you as little as possible to resolve your valid claims for damages. I suggest you immediately consult with an attorney who is board certified in personal injury trial law by the Texas Board of Legal Specialization. I sugges you also continue to properly seek medical care to treat your injuries. You can likely find a good and experienced personal injury attorney through AVVO. Please do not attempt to negotitate with the insurance company by yourself. You are at an extreme disadvantage if you attempt to deal with it by yourself. This is not a comment on your intelligence. Adjusters are trained to talk about how your claims have no merit and are not worth alot of money. Good luck and we are available for a free consultation if you so desire. www.dzwlaw.com www.urhurt.com

By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.